M E M O R A N D U M
TO: EES Program Administrators
FROM: Sandra Kimmons
DATE:
6/30/15
SUBJECT: Implementation Instructions - KEESM Revision #73
This memo provides implementation instructions and information for the following July 1, 2015 policy changes in the Kansas Economic and Employment Services Manual (KEESM).
- All Cash, Child Care and Food Assistance Programs Vehicles – See Summary of Change I, A, 1, and KEESM sections listed therein.
Vehicles will now be counted as a resource to determine eligibility for all DCF programs unless exempt.
One licensed vehicle per adult in the household, regardless of the use of the vehicle is exempt. See the list of other exemptions in KEESM 5510 such as; used for producing income, used for transporting physically disabled household member, value of the vehicle is less than $1,500, used by household member under 18 for employment or training.
The ES-3100, ES-3100r, CAPP, and the script are being updated with questions to capture vehicle information for the household.
All exempt and nonexempt vehicles should be listed on a newly created vehicle table found in the scripts. The vehicle table should also be used to help calculate vehicle resource amounts to be counted.
If the vehicle is not exempt, evaluate such licensed and all unlicensed vehicles for their equity value which is the fair market value minus any amount owed based on the average trade-in “fair” value in the Kelley Blue Book or other approved source such as NADA. Use the updated instructions in the Appendix.
If questionable or there is a difference of opinion regarding the value of the vehicle, by agency or client, an estimate from a reputable vehicle dealer shall be used.
Count as a resource only the greater of the two amounts if the vehicle has a countable fair market value of more than $4,650 and also has a countable equity value. The Table found in the Scripts will do this calculation for you after you enter the value and amount owed and tab over to the next column. The greater amount calculated on the table will be entered onto the LIRE screen in KAECSES using cash code CA and the description will be vehicle, year and model of vehicle counted.
EXAMPLE: If the fair market value is $5,000 and the equity value is $1,000, the household shall be credited with a resource of $1,000 and the $350 excess fair market value will not be counted.
The case file should contain a screen print of the Kelley Blue Book or other resource information in situations where the resource value of nonexempt motor vehicles results in ineligibility, image this information into resources document type.
For ongoing cases, this change will be implemented with the next review.
Send F207 if resources exceed maximum.
Attachments:
Kelley Blue Book instructions
Vehicle table example
- Child Care – See Summary of Change II, A, and KEESM sections listed therein.
Per requirements set by the November 2014 CCDBG reauthorization, effective July 1, 2015, Child Care households are subject to a maximum allowable non-exempt resource limit of $1 million. Current policy regarding countable and exempt resources for TANF and Food Assistance will also apply for Child Care.
For new applications processed on or after July 1, 2015, documentation must be in the case file showing that the countable non-exempt resources of a child care household do not exceed $1 million. A check box is being added to the BPM script that will be used for this documentation. The prudent person concept should be used in determining if resources need to be verified. It will not be necessary to make this determination for child care applications in which the only children receiving child care assistance are also receiving TANF or SSI, as the lower resource limit for TANF or SSI will already have been established with TANF or SSI eligibility.
For ongoing cases, this determination and documentation must be completed no later than the next case review. - Child Care Provider Enrollment – See Summary of Change III, A, and KEESM sections listed therein.
Effective 7/1/2015 a DCF Provider Agreement will not be approved for a NEW In-Home Provider who is not related to the child. The prospective In-Home Provider can be a Grandparent, Great Grandparent, Sibling, or Aunt/Uncle to the child. Relationship can be through marriage, blood relationship or court decree to the child.
During In-Home Provider reviews from 7/1/2015 – 9/30/2016, Provider Enrollment staff will question the relationship between the provider and the child. In some cases verification will be requested. If the provider does not meet the relationship criteria they will be informed that their agreement will end at the latest on 10/31/2016. A note will be made on PRRA stating “Non-Relative”. Reviews done after 11/1/2015 will show the next review due 10/1/2016. In the Child Care Provider Approval Notice (P107) the provider will be informed that their agreement will end 10/31/2016 (unless other actions cause it to be terminated earlier) due to the new relationship requirements. Provider Enrollment staff will also send an informational notice to the families that will be affected by this change explaining that since their provider does not meet the relationship criteria their provider agreement will end 10/31/2016 and a new provider will be necessary.
If staff find during the review that an In-Home Provider does meet the relationship requirement then a note will be entered on PRRA stating “Relative”.
In-Home Providers who previously had an agreement but do not have a current agreement will be treated like NEW referrals. - Food Assistance
- Felony Drug Convictions – See Summary of Change IV, A, 1, and KEESM sections listed therein.
Any individual who receives a felony drug conviction on or after July 1, 2015 which includes an element of the offense of manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog will be ineligible to receive Food Assistance benefits until the individual participates in an approved treatment program and passes an approved drug test for a first offense. Subsequent felony convictions on or after July 1, 2015 results in a lifetime ban of Food Assistance for the individual.
The ES-3100, ES-3100r, CAPP, and the script are being updated with a question regarding felony drug convictions on or after July 1, 2015. Staff will need to explore where the conviction occurred and the date. Once verification is received the individual who has been convicted is to be coded DF on SEPA, complete Penalty Tracking Sheet ES-4307 and send the appropriate notice.
The remaining household members may get benefits if otherwise eligible.
An individual convicted of a drug related felony will be on parole once released from a correctional facility and be assessed by KDOC for treatment if needed and periodically tested for drugs as a condition of parole. The referral and treatment plan and drug testing plan decided by KDOC will meet DCF standards for approved plans.
The client will need to provide verification of the treatment plan (if they qualify for treatment) and negative drug testing results to be eligible for food assistance for a first time drug related conviction on or after July 1, 2015.
A drug treatment referral information sheet will be available in the appendix and links for approved treatment sites will also be on the DCF website for clients. - Child Support Cooperation – See Summary of Change IV, A, 2, and KEESM sections listed therein.
For food assistance beginning July 1, 2015, cooperation with Child Support Services is required of custodial natural or adoptive parents who live with his or her child and there is a parent absent from the home. It also applies to other relatives to the 5th degree of kinship who are living with and exercising parental control over a child under the age of 18 with a parent absent from the home.
Paternity must also be established for situations in which the alleged father is in the home. Complete Expedited Paternity Request Form ES-4107 and email to CSSPriority@dcf.ks.gov.
The ES-3100, ES-3100r, CAPP, and the script are being updated with question regarding absent parents and paternity.
For food assistance, a CSS referral will be made using the voluntary indicator on the KAECSES CHSE, Voluntary FS Referral: enter “Y”. The Voluntary referral must indicate “Y” for CSS to receive it. Complete both CHSE and SPRD screens for the CSS referral.
CSS will notify EES via email to the purple team as to whether or not the individual has cooperated. EES staff shall not deny, delay, or discontinue food assistance benefits pending this notification of cooperation.
EES staff has the ultimate responsibility for determining the validity of good cause claims; CSS and Prevention and Protection Services staff may also be involved in making a recommendation for such determinations to EES. EES staff shall not deny, delay, or discontinue assistance pending a good cause determination as long as the caretaker has complied with the requirement of providing evidence or other necessary information. See KEESM 2162 for further explanation of what establishes good cause.
If failure to cooperate with CSS has been established and good cause is not found, the person shall be ineligible for food assistance until the person cooperates with CSS. The person’s resources shall be counted in full and a pro-rata share of their income counted per 4212.2. The remaining household members may get benefits if otherwise eligible.
If non-cooperation has been established, code DI on SEPA, complete Penalty Tracking Sheet, ES-4307, and send the appropriate notice to the client.
When the household member cooperates with CSS, CSS will notify EES staff. The person is to be added to the food assistance case (SEPA DI to IN) effective for the month following the month of cooperation per 9121.1. Complete Penalty Tracking Sheet ES-4307, and send the appropriate notice to the client.
For individuals that receive TANF and food assistance, the penalties for non-cooperation with CSS are different (see KEESM 2165) and should be tracked separately on the penalty tracking sheet. If the individual is found to be cooperating with CSS for TANF, then consider the individual to be cooperating for food assistance purposes also.
Example 1: George applies at his local office for TANF and FA for himself and his two children on Feb. 2, 2016.
As the worker is processing the case, they check the child support system on the CADS screen for current cooperation with child support services as required for TANF. They find that George is in non-cooperation status with child support services on Oct. 2015 for his two children. George’s TANF application is denied and it is explained to George that if he cooperates with child support services within 45 days from the application date, the application may be reinstated. George is given contact information for child support services.
George’s FA application is processed with George coded DI (because his non-coop was after July 1, 2015 - KEESM 2165.2) and a referral is sent to CSS. Complete Penalty Tracking Sheet, ES-4307. If cooperation is established after being in non-cooperation, George will be coded IN the month after cooperation is established and added back to the food assistance household. Complete documentation, update ES-4307 Penalty Tracking Sheet, and send notice.
If cooperation was established within 45 days from the application date, then the TANF application will be reinstated and TANF benefits will be prorated from the application date. KEESM 2165
Example 2: Barb and her daughter have an ongoing TANF and Food Assistance case. Two months after the cases have been opened, Barb has been determined as being in non-cooperation with child support services for the first time and child support has notified the field. A worker claims a non-cooperation related task off of the tracker. The worker closes the TANF case allowing for timely and adequate notice and codes PRAP P1. The worker codes Barb DI on the Food Assistance case allowing for timely and adequate notice. The worker continues to count the TANF grant amount for the Food Assistance case for one month after the TANF closure per KEESM 2552.1. Notices are sent. The penalty tracking sheet is completed during the documentation of the action for both programs.
One month later the field is notified that Barb is back in cooperation with child support services. A worker claims the task and codes Barb back IN on the Food Assistance case the month after the cooperation. The worker takes all other case actions required for the change.
For this first child support penalty the household is subject to a minimum 3 month penalty period for TANF, the worker does not take any action at this time on the TANF case. A new application will be needed after the minimum 3 months for the family to regain eligibility for TANF.
For ongoing cases, this change will be implemented with the next review or when a new TANF or CC application is received. Do not apply this policy at IR or for changes for FA.
Attachments:
FA Drug Treatment Information
Penalty Tracking Sheet
July 2015 KEESM Q&A
Child Support Referral Desk Aid
For ongoing cases, this change will be implemented with the next review.
- Felony Drug Convictions – See Summary of Change IV, A, 1, and KEESM sections listed therein.
- TANF Time Limits – See Summary of Change V, A, 1, and KEESM sections 1111 (1)(a)(2), 1118, 1412.3, 2240, 2241, and 2242.
Effective July 1, 2015 the TANF time limit will change from 48 months to 36 months with a possibility of an extension to 48 months if hardship status is granted.
Note: The time limit policy does not affect caretaker relative cases when the caretaker is not receiving benefits for themselves.
Notice: The following notice has been added due to this policy change:
- At Application
All TANF applicants must be notified of the reduction in lifetime limits from 48 months to 36 months. This information will be shared during the interview and the household should be told how many TANF months they have previously used. Any family group that contains at least one adult member who has received TANF for 36 calendar months will not be eligible for TANF after 7/1/15. If an adult applicant is currently receiving SSI, but this adult has received 36 TANF months in the past, the application will be denied if the adult is part of the family group.Use code 36 on AFED and send notice A230 for denials.
Changes are made so the system will create time limit alerts and send notices at the 12th, 24th, and 30th month beginning towards the end of July. New applications which previously received 30 or more months of TANF will get the 30 month time limit alert and notice. New cases, those approved after 7/1/5, are closed at 36 months unless a hardship is granted. New cases will not be granted the 6 month transitional period that ongoing cases will be allowed, see below.
EXAMPLE 1: John applies for TANF on July 24, 2015 for his family. His wife has received 38 TANF months in the past. During the interview, the 36-month time limit will be discussed and it will be explained that the family has exceeded that limit and their application will be denied. The immediate needs of the family will be discussed and appropriate community referrals will be made. The worker will process the application, deny it with the 36 code on AFED and send the A230 denial.
- Ongoing Cases
Ongoing cases for implementation of this policy are defined as those that were open before 7/1/15 and continued to remain open until 1/31/16. If an ongoing case is closed for a reason that requires a new application, they will be treated as new applications as explained in the application section and subject to the 36 month time limit. Cases that reach their 48-month time limit in June 2015 or before will still be closed at the end of June 2015 for reaching that time limit and will not get additional months. Ongoing TANF cases with 30 or more months of TANF used in July 2015 will be allowed up to an additional 6-month transitional period ending 1/31/16, not to exceed 48 months of TANF, which will be used to notify and assist impacted recipients in preparations needed to ease their transition off of assistance. Non-hardship cases that reach 48 months after July 2015 will close after the 48th month and will not receive the full 6 month transitional period. The denial/closure code of 48 shall be used on AFED for cases closed before January 31, 2016 due to reaching the 48th month. Notice A430 or A431 (if they have Food Assistance) shall be sent. The verbiage in these notices will reflect the new 36-month time limit.
If an ongoing case that is being allowed the six month transitional time does not cooperate with employment services then they will be closed and will not be eligible for TANF support services. If they reapply, they will be subject to the 36 month TANF time limit.
Ongoing cases where the only adult is receiving SSI and is coded SS on SEPA will also be closed 1/31/16 if they had reached 48 months before they were coded SS. These cases will manually be sent a notice by DCF Administration at the end of June 2015 informing them of this upcoming closure as system generated letters will not be sent to them. If they are coded SS before the 48th months workers will keep these open if they remain eligible even if they have reached 36 TANF months. This consideration is allowed as a majority of these cases show that a hardship had been granted in the past.
If a case has an adult coded SS before the 48th month is reached and the case is closed and a new application is required for any reason in the future, the case will be subject to the new application rules and will be denied if the adult has received more than 36 months TANF. This would also apply in situations where a review is not submitted in a timely manner and is treated as initial applications as defined in KEESM 9340.
System generated letters (X088) will be mailed towards the end of June 2015 to all households that will be closed in January 2016 or sooner, with the exception of those currently receiving SSI with more than 48 TANF months. The notice will let them know that if their case does not have an existing hardship established before 7/1/15 and has 36 or more TANF months used by January 2016, then their TANF case will be closed by 1/31/16. Their non-hardship case may close sooner if they reach their 48th month. The notice will let them know that if their case does have an existing hardship established before 7/1/15 and has 48 or more TANF months used by January 2016, then their TANF case will be closed by 1/31/16. Their hardship case may close sooner if they reach their 60th month. They will be told in June 2015 that they can contact their local DCF office about an extension of cash benefits if they will not reach 48 months TANF assistance by January 2016 and they meet an approved hardship.
System generated alerts will be created at this time for all cases that will need closed January 31, 2016. The denial/closure code of 36 shall be used on AFED for cases closed effective January 31, 2016. The denial/closure code of 36 shall be used on AFED for cases closed due to reaching the time limit after January 2016, even when hardships are granted and they have received more than 36 TANF months. Notice A430 or A431 (if they have Food Assistance) shall be sent. The verbiage in these notices will reflect the new 36-month time limit.
- Closure protocols for cases over 36 months:
All cases will be closed 1/31/16 if they have 36 or more months of TANF used, with the exception of those granted hardship status up to 48 months.
In December 2015, a report will be produced and sent to the regions with all cases which have reached 36 or more months of TANF used in January 2016. This report and the system generated alerts from July 2015 may be used to close the cases which have reached 36 months TANF, unless a hardship from 36 to 48 months was granted. After this report, the system generated alerts should be utilized.
EXAMPLE 2: Linda has an ongoing TANF and Food Assistance case for her family. She has 36 months of TANF used as of July 1, 2015. At the beginning of July 2015, she receives the system generated notice informing her of the changes. Her case will be eligible for the six-month transitional period. During this six-month period, she will continue working with the employment services staff to obtain employment and connect with community resources to address any outstanding needs. She does not require hardship consideration, so when staff works the report they received in December they will close her assistance January 31, 2016 using the code 36 on AFED and they will send the A431 as the family has an open Food Assistance case.
EXAMPLE 3: Darrell is the only adult in his household and has an ongoing TANF case for his family. He has 37 months of TANF used as of July 1, 2015. At the beginning of July 2015, he receives the system generated notice informing him of the changes. His case is eligible for the six-month transitional period. Darrell continued working with employment services. In November 2015, Darrell started having severe pains in his side which impacted his cooperation with employment services. His employment services worker encouraged him to go to the doctor regarding the pain. He was diagnosed with inoperable kidney cancer. At the end of November, his employment service worker determined he needed a hardship extension as he now needed to apply for social security. The hardship indicator of DS was placed on PRAP. When staff received the report in December of cases needing closed at the end of January, his case was not closed due to staff realizing the hardship was granted on the case and he only had 43 TANF months in January 2016. Darrell was able to receive SSI benefits within 3 months as his condition was deemed so serious that he obviously met disability standards. On the TANF case he was coded SS and the time limits no longer impacted the TANF case that remained open for his children as he was coded SS before reaching 48 months. When an adult is an SSI recipient receiving TANF for their children their months do not count towards the limit in Kansas (see Appendix item E-4).
- Closure protocols for cases that reach 48 or more months: Cases that reach 48 months will need closed at the end of the month they hit 48 months unless a hardship extension was granted before 7/1/15. If a hardship from 48 to 60 months was granted before 7/1/15, the case may continue to 1/31/16 if the hardship continues to be appropriate for the case. New hardships extending TANF months from 48 to 60 months shall not be granted after 7/1/15, but hardships may be granted extending TANF months from 36 to 48 months.
All cases with more than 48 months TANF used must be closed January 31, 2016. Special attention should be paid to cases granted a hardship before 7/1/15 from 48 to 60 months. As soon as possible, Employment Services staff will utilize the A808 with these hardship cases to schedule an appointment to review the change in the time limit and discuss a plan to transition them off of assistance by January 31, 2016. Cases without a hardship should continue being closed for the 48-month time limits using A430 or A431 closure notices, which will reflect the new 36-month time limit policy.
In October 2015 a report will be produced and sent to the regions of all TANF cases with more than 45 months TANF to allow staff to continue closing the cases that will be at 48 months TANF in a timely manner. A similar report will be produced in November 2015 and sent to the regions with all TANF cases which have used more than 46 months TANF.
Example 4: Jessica has an ongoing TANF and Food Assistance case for her family. She has 44 months of TANF used as of July 1, 2015. At the beginning of July 2015, she receives the system generated notice informing her of the changes. Jessica receives her 48th TANF month in November 2015. She does not require hardship consideration, so staff will close her assistance November 30, 2015 using the code 48 on AFED and they will send the A431 as the family has an open Food Assistance case. Staff is aware of the need to close this case because of the time limit alerts on the system and the October 2015 report.
Example 5: Jody has an ongoing TANF and Food Assistance case for her family. She has 49 months of TANF used as of July 1, 2015 due to a hardship extension. At the beginning of July 2015, she receives the system generated notice informing her of the changes. In the middle of July she receives the A808 indicating an appointment to review her hardship status and discuss her plan to transition off of assistance by January 31, 2016. During the meeting it is determined that she will continue the hardship through January 2016 due to a pending social security claim related to mental health issues. Jody’s employment services worker works closely with Jody’s mental health provider and legal representation for her disability claim to prepare a plan for her once TANF ends. Her case is closed January 31, 2016.
- Closure protocols for cases over 36 months:
Months of TANF received on 7/1/15 Close on Reason (Used to track Changes due to New Policy)
Months of TANF received on 7/1/15 Close on Reason (Used to track Changes due to New Policy)
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